Opinion
16137-22
12-20-2023
RAY A. CRUZ, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Christian N. Weiler Judge
On October 5, 2023, respondent filed a Motion to Dismiss for Lack of Prosecution, moving that the Court dismiss this case and enter a decision against the petitioner pursuant to the Notice of Deficiency upon which this case is based.
This case was called from the calendar of the Court's San Antonio, Texas, trial session, on December 11, 2023. The petitioners and counsel for respondent appeared and were heard. At calendar call, respondent indicated to the Court that they intended to withdraw their Motion to Dismiss for Lack of Prosecution due to a basis for settlement being reached with the petitioner. Upon due consideration and for cause more fully appearing in the transcript of the proceeding, it is
ORDERED that this case is continued. It is further ORDERED that jurisdiction of this case is retained by the undersigned. It is further
ORDERED that respondent's Motion to Dismiss for Lack of Prosecution, filed October 5, 2023, is denied as moot.